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Whelton Hiutin Partner Richard Macklin, Associate Sara Romeih, and Articling Student Meaghan Coker, Successfully Prosecute Commercial Lease Re-entry Case

Whelton Hiutin has successfully acted for a commercial landlord in a three and one-half day confidential arbitration hearing, regarding a commercial lease. 

The issues in play were the landlord’s right to re-enter, under a commercial lease, in the face of the tenant’s assertion that the landlord had unreasonably withheld consent to a tenant name change and exterior sign. 

The tenant’s assertions were rejected, and the landlord has since obtained an order to re-enter the premises. 

The arbitration dealt with the test to be applied to a landlord’s rejection of a name change/exterior sign, when the lease provides that such rejection must be reasonable. Once reasonableness on the landlord’s part was established, the re-entry right was triggered.